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Natural justice is identified with the two constituents of a fair hearing, [3]: 322 which are the rule against bias (nemo iudex in causa sua, or "no man a judge in his own cause"), and the right to a fair hearing (audi alteram partem, or "hear the other side"). [7] The requirements of natural justice or a duty to act fairly depend on the context.
The fundamental rules of natural justice in the Constitution, which the Court also referred to as the "Ong Ah Chuan rules of natural justice", act to invalidate legislation on the ground of unconstitutionality. On the other hand, the rules of natural justice in administrative law (that is, the principles of impartiality and fair hearing) act to ...
Aristotle notes that natural justice is a species of political justice, specifically the scheme of distributive and corrective justice that would be established under the best political community; if this took the form of law, it could be called a natural law, though Aristotle does not discuss this and suggests in the Politics that the best ...
Attorney-General (2011), [49] the Court of Appeal stated that fundamental rules of natural justice embodied in the concept of law in constitutional provisions such as Articles 9(1) and 12(1) are the same in nature and function as common law rules of natural justice in administrative law, except that they operate at different levels of the legal ...
The rules of natural justice require that the decision maker approaches the decision making process with "fairness". What is fair in relation to a particular case may differ. As pointed out by Lord Bridge in Lloyd v McMahon, [26] "the rules of natural justice are not engraved on tablets of stone". Below are some examples of what the rules of ...
Conversely, Andrew Harding has argued that the idea of substantive natural justice is vague and subjective, and has taken the view that fundamental rules of natural justice are entirely procedural in nature. In his opinion, Article 12(1) of the Constitution is designed to prevent substantively discriminatory legislation.
A writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to the rules of natural justice. It is issued by a superior court to inferior courts from usurping a jurisdiction with which it was not legally vested, or in other words to compel ...
In a 1980 case on appeal from Singapore, the Privy Council held that the term law in provisions of the Singapore Constitution such as Article 9 included fundamental rules of natural justice. In the Malaysian case Arumugam Pillai v. Government of Malaysia (1976), [6] the Federal Court construed the phrase save in